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S 866 - Authorizes Gestational Surrogacy Contracts - New Jersey Key Vote

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Title: Authorizes Gestational Surrogacy Contracts

Vote Smart's Synopsis:

Vote to pass a bill that authorizes gestational carrier agreements and guidelines, effective immediately.


  • Defines “gestational carrier agreement” as a written contract between a “gestational carrier” and an “intended parent” who agrees to become the legal parent of a child created through assisted reproductive technology and carried by a “gestational carrier” (Sec. 3).
  • Defines “gestational carrier” as a woman that is at least 21 years of age who agrees to become pregnant for an “intended parent” through assisted reproductive technology without the use of her own egg (Sec. 3).
  • Defines “intended parent” as an individual, a married couple, or a couple in a civil union or domestic partnership, who enters into a gestational carrier agreement with a gestational carrier, in which the individual or couple is the legal parent or parents of the resulting child (Sec. 3).
  • Requires a gestational carrier to meet certain conditions in order to enter into a gestational carrier agreement, including, but not limited to, the following conditions (Sec. 5):
    • The carrier has given birth to at least 1 child;
    • The carrier has completed a medical and psychological evaluation approving her suitability as a gestational carrier; and
    • The carrier has retained an attorney independent of the intended parent.
  • Requires a gestational carrier agreement to contain certain provisions regarding the rights and responsibilities of the intended parent and the gestational carrier, including, but not limited to, the following provisions (Sec. 6):
    • A provision requiring the carrier to undergo medical procedures to receive a fertilized egg, and attempt to carry and give birth to the resulting child;
    • A provision requiring the carrier to surrender custody of the child to the intended parent immediately upon the child’s birth;
    • A provision requiring the intended parent to assume custody and sole responsibility for the child immediately upon birth;
    • A provision providing the carrier with the right to medical care for the pregnancy, delivery, and postpartum recovery provided by a qualified medical professional of her choice; and
    • A provision requiring the intended parent to pay the carrier’s “reasonable expenses” unless waived by the carrier in writing.
  • Defines “reasonable expenses” as medical, hospital, counseling, legal, living or other expenses in connection with the gestational carrier agreement, and the “reasonable” living expenses of the carrier during pregnancy (Sec. 3).
  • Requires the intended parent to be named on the birth certificate as the child’s parent (Secs. 8 & 15).
  • Specifies that a gestational carrier agreement is not considered an adoption (Sec. 9).
  • Specifies that if the intended parent breaches the agreement, they remain solely responsible for child support (Sec. 7).

Title: Authorizes Gestational Surrogacy Contracts